The Wise Report – The Texas Legislature 2023 Session is Over.
The Wise Report
Henry M. Wise, P.G.
June 25, 2023
The Texas Board of Professional Geoscientists (TBPG) has proposed two amendments and approved two others.
Proposed amendment to 22 TAC 851.21; licensing requirements to reflect the changes in TBPG procedures due to the transition to computer based testing for the ASBOG Examinations. For more information go to: https://www.sos.state.tx.us/texreg/archive/June232023/Proposed%20Rules/22.EXAMINING%20BOARDS.html#24.
Proposed amendment to 22 TAC 851.22: Waivers and Substitutions: Policy, Procedures, and Criteria to edit, at Sunset Committee direction, language that applies to evaluating an applicant’s “Good and ethical character” as a required qualifier for licensure. For more information go to: https://www.sos.state.tx.us/texreg/archive/June232023/Proposed%20Rules/22.EXAMINING%20BOARDS.html#25.
The current rule, 22 TAC 851.43; GIT certification period and renewal, allows for GITs to renew their certification yearly for up to eight years, and requires renewals past the eighth year to be granted at the discretion of the appointed Board. This amendment allows for a GIT to renew indefinitely without requiring action by the Appointed Board when all other renewal requirements are met. This rule was posted in the Texas Register on March 17, 2023 for public comment. No public comments were received and it has been adopted.
The TBPG recently received public comment asking that the TBPG clarify its rules on digital signatures, 22 TAC 851.156; professional geoscientist seals. Upon review, the TBPG determined it necessary to include provisions in the rules defining and allowing licensees to use digital signatures to satisfy the signature requirements for electronic geoscience documents. This rule was posted in the Texas Register on March 17, 2023 for public comment. No public comments were received and it has been adopted.
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The Texas Railroad Commission (RRC) has approved the agency’s Oil and Gas Monitoring Plan for Fiscal Year 2024. The new plan includes goals to accurately demonstrate the Commission ’s oil and gas monitoring and enforcement activities and to strategically use the oil and gas monitoring and enforcement resources. It focuses on developing a framework to describe the totality of oil and gas monitoring and enforcement efforts, beyond inspections and remediation work the agency does, which would include the extensive work that is done involving technical permit monitoring and administrative compliance enforcement.
The RRC’s well plugging program, which has exceeded goals set by the Legislature for six straight years, will continue its prioritization system to extend its successful work plugging orphaned oil and gas wells throughout the state with state funds. This fiscal year the RRC utilized federal grants to add to the number of wells that were plugged. The agency has submitted comments on draft federal guidance on another set of grants that could be utilized next fiscal year.
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The Texas Legislature 2023 session is over. I’ve reduced the list to those bills that were sent to the Governor for his signature. New information is in bold. * is signed by the Governor. Of the seven bills that were passed this session only one was vetoed.
*HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 6/10/2023 Signed by the Governor, effective 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243.
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.” 6/2/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
*SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].” 6/18/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 6/16/2023 Vetoed by the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
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The Texas Legislature is back in session for an additional session. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.
HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. “shall meet at least four times a year and select a presiding officer from its membership. (c) The review board shall advise the council about issues related to environmental justice and the action plans developed under Section 428.0107. Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall review each state agency and state program that serves to protect the environment to evaluate the agency’s or program’s positive”. 5/30/2023 Filed. For more information go to: Texas Legislature Online – 88(1) History for HB 13.
Henry M. Wise, P.G.
The Wise Report
6/25/2023
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The Wise Report
Henry M. Wise, P.G.
June 17, 2023
At its open meeting on June 13, 2023, the Railroad Commission proposed amendments to various rules in Chapter 5 relating to Carbon Dioxide. The proposed amendments concern enforcement primacy for the federal Class VI Underground Injection Control program. Comments on the proposal will be accepted until 5:00 pm, Monday, July 31, 2023. For more information on this, or to access the online comment form, please see the Proposed Rules page at:
http://www.rrc.texas.gov/general-counsel/rules/proposed-rules/
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The Texas Legislature 2023 session is over. I’ve reduced the list to those bills that were sent to the Governor for his signature. New information is in bold. * is signed by the Governor.
*HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 6/10/2023 Signed by the Governor, effective 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.” 6/2/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].” 5/26/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 6/16/2023 Vetoed by the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
———————————————————————————————————————
The Texas Legislature is back in session for an additional session. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.
HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. “shall meet at least four times a year and select a presiding officer from its membership. (c) The review board shall advise the council about issues related to environmental justice and the action plans developed under Section 428.0107. Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall review each state agency and state program that serves to protect the environment to evaluate the agency’s or program’s positive”. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.
Henry M. Wise, P.G.
The Wise Report
6/17/2023
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The Wise Report
Henry M. Wise, P.G.
June 10, 2023
The Texas Legislature 2023 session is over. I’ve reduced the list to those bills that were sent to the Governor for his signature. New information is in bold. * is signed by the Governor.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/25/2023 Sent to the Governor For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. “The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.” 6/2/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. “APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025].” 5/26/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/23/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
———————————————————————————————————————
The Texas Legislature is back in session for an additional session. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.
HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. “shall meet at least four times a year and select a presiding officer from its membership. (c) The review board shall advise the council about issues related to environmental justice and the action plans developed under Section 428.0107. Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall review each state agency and state program that serves to protect the environment to evaluate the agency’s or program’s positive”. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.
Henry M. Wise, P.G.
The Wise Report
6/10/2023